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S1241 (ACTIVE) - Details

S1241 (ACTIVE) - Summary

Requires written notice to individuals eligible for the excess income program of the option to participate in a qualifying pooled trust as a means of qualifying for medical assistance.

S1241 (ACTIVE) - Sponsor Memo

BILL NUMBER: S1241
TITLE OF BILL : An act to amend the social services law, in relation
to notice of determination of eligibility for medical assistance
PURPOSE OR GENERAL IDEA OF BILL :
This legislation would require the Department of Health to include
information with the eligibility notice to individuals who qualify for
the excess income program of the option to participate in a qualifying
pooled trust as a means of qualifying for medical assistance.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends paragraph (f) of subdivision 5 of section 366 of the
social services law. This amendment would require the department of
health to provide written notice to individuals eligible for the
excess income program of the option to participate in a qualifying
pooled trust as a means for qualifying for medical assistance. The
notice shall be included with the eligibility notice provided to the
applicant. Further, this notice shall include information on how to
participate in a pooled trust.
Section 2 is the effective date.
JUSTIFICATION :

This legislations goal is simply to make more people aware of the
Pooled Trust option, as it would help more Individuals with
disabilities stay in their community by requiring information
regarding it to be included in eligibility notice.
By including the Pooled Trust Option would help ensure more
Individuals with Disabilities can live in the most integrated setting
appropriate with their needs. The Pooled Trust option allows consumers
with Excess Income to use their money the way they wish which is why
this option benefits the consumer directly. The other two methods in
qualifying for Medicaid for Individuals with Disabilities do not
benefit the consumer because the consumer cannot use the money at all.
They must either give the Excess Income back to their Local Department
of Social Services or incur medical expenses to qualify for Medicaid.
The Pooled Trust option is beneficial for consumers as well because it
would help them remain in a community setting.
A pooled trust allows the individual to receive their public benefits
while maintaining a supplemental fund to cover costs such as living
expenses, attorney fees, additional non covered medical care, personal
expenses etc.
Under Medicaid any monthly income in excess has to be spend down on
medical care or home care before Medicaid will provide services. This
often leaves the individual without sufficient income to pay normal
living expenses. Money that is deposited in a pooled trust is used to
pay these expenses.
PRIOR LEGISLATIVE HISTORY :
New Bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE :
This act shall take effect on the ninetieth day.

S T A T E O F N E W Y O R K
________________________________________________________________________
1241
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to notice of deter-
mination of eligibility for medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 5 of section 366 of the social
services law, as relettered by section 26-a of part C of chapter 109 of
the laws of 2006, is relettered paragraph (g) and a new paragraph (f) is
added to read as follows:
(F) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO INDIVIDUALS ELIGI-
BLE FOR THE EXCESS INCOME PROGRAM OF THE OPTION TO PARTICIPATE IN A
QUALIFYING POOLED TRUST AS A MEANS OF QUALIFYING FOR MEDICAL ASSISTANCE
UNDER THIS SECTION. SUCH NOTICE SHALL BE INCLUDED WITH THE ELIGIBILITY
NOTICE PROVIDED TO SUCH APPLICANTS AND/OR RECIPIENTS. ANY SUCH NOTICE
SHALL INCLUDE INFORMATION ON HOW TO PARTICIPATE IN A POOLED TRUST.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04837-01-7

S1241A (ACTIVE) - Details

S1241A (ACTIVE) - Summary

Requires written notice to individuals eligible for the excess income program of the option to participate in a qualifying pooled trust as a means of qualifying for medical assistance.

S1241A (ACTIVE) - Sponsor Memo

BILL NUMBER: S1241A
TITLE OF BILL : An act to amend the social services law, in relation
to notice of determination of eligibility for medical assistance
PURPOSE OR GENERAL IDEA OF BILL :
This legislation would require the Department of Health to include
information with the eligibility notice to individuals who qualify for
the excess income program of the option to participate in a qualifying
trust as a means of qualifying for medical assistance.
SUMMARY OF PROVISIONS :
Section 1 amends paragraph (f) of subdivision 5 of section 366 of the
social services law. This amendment would require the department of
health to provide written notice to individuals eligible for the
excess income program of the option to participate in a qualifying
trust as a means for qualifying for medical assistance. The notice
shall be included with the eligibility notice provided to the
applicant. Further, this notice shall include information on how to
participate in a trust. Section 2 is the effective date.
JUSTIFICATION :
This legislation's goal is simply to make more people aware of the

trust option, as it would help more individuals with disabilities stay
in their communities by requiring information regarding individual and
pooled special needs trusts to be included in eligibility notices.
Including the trust option would help ensure that more individuals
with disabilities can live in the most integrated setting appropriate
to their needs. The other two methods allowing individuals with
disabilities with excess income to qualify for Medicaid do not benefit
the consumer because the consumer cannot use the money at all. They
must either give the excess income back to their Local Department of
Social Services or incur enough medical expenses to qualify for
Medicaid. The trust option is beneficial for consumers because it
helps them maximize their resources and remain in a community setting.
A trust allows the individual to receive their public benefits while
maintaining a supplemental fund to cover costs such as living
expenses, attorney fees, additional non covered medical care, personal
expenses etc. Under Medicaid, any monthly income in excess has to be
spent down on medical care or home care before Medicaid will provide
services. This often leaves the individual without sufficient income
to pay normal living expenses. Money that is deposited in a trust is
used to pay these expenses.
PRIOR LEGISLATIVE HISTORY :
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None
EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day.

S T A T E O F N E W Y O R K
________________________________________________________________________
1241--A
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sens. ORTT, CARLUCCI, GALLIVAN, HAMILTON, RANZENHOFER,
ROBACH -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the social services law, in relation to notice of deter-
mination of eligibility for medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 5 of section 366 of the social
services law, as relettered by section 26-a of part C of chapter 109 of
the laws of 2006, is relettered paragraph (g) and a new paragraph (f) is
added to read as follows:
(F) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE UNDER THIS PARAGRAPH
TO AN APPLICANT FOR OR RECIPIENT OF MEDICAL ASSISTANCE WHO IS OR REASON-
ABLY APPEARS TO BE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER SUBPARAGRAPH
TWO OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, EXCEPT FOR
HAVING INCOME EXCEEDING APPLICABLE INCOME LEVELS. THE NOTICE SHALL
EXPLAIN, IN PLAIN LANGUAGE, THE RULES FOR DEPOSITING INCOME IN A TRUST
THAT MAY ENABLE AN APPLICANT OR RECIPIENT WHO IS DISABLED TO BECOME
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CLAUSE (III) OF SUBPARAGRAPH TWO
OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. THE NOTICE SHALL BE
INCLUDED WITH THE ELIGIBILITY NOTICE PROVIDED TO SUCH APPLICANTS AND
RECIPIENTS. THE NOTICE SHALL INCLUDE INFORMATION ON HOW TO ENROLL IN
SUCH A TRUST AND HOW TO REQUEST THAT THE LOCAL SOCIAL SERVICES DISTRICT
REBUDGET MEDICAL ASSISTANCE BASED ON PARTICIPATION IN SUCH A TRUST. THIS
PARAGRAPH SHALL NOT BE CONSTRUED TO CHANGE ANY CRITERION FOR ELIGIBILITY
FOR MEDICAL ASSISTANCE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04837-07-7

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